For millions of South Africans, the Constitution promises open, accountable and responsive government, dignity, equality and access to basic services like water. Yet for many communities, those promise collapses at local government level. Water taps run dry, refuse is not collected, potholes are permanent and corruption goes unpunished.
South Africa’s local government elections are approaching at a time of real unemployment, service delivery and governance failures, but xenophobic mobilisation is directing public anger at the wrong target. The article argues that anti-immigrant protests undermine constitutional accountability by replacing demands for competent local government with scapegoating, fear and unlawful vigilantism. The FW de Klerk Foundation warns that South Africa’s genuine grievances must be resolved through the rule of law, democratic accountability and constitutional governance – not hostility toward vulnerable minorities.
The South African Human Rights Commission’s (SAHRC) 2025-2026 Provincial Inquiry Report into the Northern Cape serves as a harrowing indictment of local governance. Spanning 26 local municipalities, the report details a landscape where the constitutional promise of dignity is being systematically eroded by institutional incapacity, financial mismanagement, and a catastrophic failure of basic infrastructure.
The FW de Klerk Foundation has expressed concern over the growing escalation of xenophobic mobilisation and anti-immigrant intimidation in parts of South Africa. While acknowledging legitimate concerns around undocumented migration and border management, the Foundation stresses that immigration enforcement must remain lawful, constitutional and state-led. The Foundation warns that vigilantism, collective punishment and hate-driven exclusion threaten human dignity, social cohesion and the rule of law.
In honour of Human Rights Day, the FW de Klerk Foundation’s Constitutional Rights Programme team will present the Foundation’s annual Human Rights Report Card which examines the extent to which the rights and freedoms enshrined in the Bill of Rights were practically enjoyed by all South Africans over the past year.
VVC v JRM clarifies how South African law treats couples who first marry under customary law and later conclude a civil marriage. The Court held this is one continuous marriage, not a new one. Rights and obligations from the customary marriage continue and property accumulated remains protected. Spouses cannot informally change proprietary rights; any change to the matrimonial property system requires court approval under section 21 of the Matrimonial Property Act. Interpreting section 10(2) of the Recognition of Customary Marriages Act with the MPA, the judgment advances equality, dignity, the protection of property rights and legal certainty, protecting vulnerable spouses and creditors.
The FW de Klerk Foundation supports the declaration of a provincial state of disaster, provided it is implemented within constitutional bounds, subject to oversight and focused on restoring the rights to life, safety and dignity of the communities under siege.
The FW de Klerk Foundation extends its heartfelt congratulations to the Class of 2025 for their outstanding achievement in the National Senior Certificate examinations and calls on stakeholders to sustain this momentum by strengthening learning foundations and protecting proven support programmes.
The FW de Klerk Foundation welcomes the Western Cape High Court’s judgment directing the Western Cape Education Department to take firm steps to ensure every learner has access to schooling in 2026.
